Kuwait Court of Cassation principle number 2131

The administrative authority's refusal to take a decision required by a law or regulation. A negative administrative decision. Its silence as to taking a decision that the law leaves entirely to its discretion. Not a negative administrative decision. Example. - The matter of granting and renewing licenses for fishing vessels in territorial waters, prohibiting their issuance, determining the number of vessels, and assessing whether a necessity exists for issuing new licenses by way of exception or does not exist. The legislature subjected this to the discretionary power of the Public Authority for Agriculture Affairs and Fish Resources. Its silence as to taking a decision to grant new licenses, which is left entirely to this power. Does not constitute a negative administrative decision - 391 - Civil Procedure susceptible to challenge by annulment. An example concerning the Authority's refusal to grant fishing licenses for three vessels.